MATTER OF BURGOS v. STERINA


262 A.D.2d 943 (1999)

691 N.Y.S.2d 818

In the Matter of RAMON BURGOS, Respondent, v. KIM STERINA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 18, 1999.


Order unanimously affirmed without costs.

Memorandum:

We agree with respondent that Family Court erred when it modified a prior order by temporarily changing the residence of the child without conducting an evidentiary hearing. That order has been superseded, however, by the order on appeal, which was made after an evidentiary hearing and modified the prior order by granting primary physical residence of the child to petitioner. The record supports the determination...

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